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Provided that nothing in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company, and it is proved that
the offence was committed with the consent or connivance of, or is attributable
to any neglect on the part of any director, manger, secretary or other officer of
the company, such director, manger, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and epunished accordingly.
Explanation. – For the purposes of this section –
(a) “company” mans any body corporate and includes a firm or
other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Corresponding Law. – Section 199 corresponds to section 127 – A of the
Motor Vehicles Act, 1939.
Objects and Reasons. – Clause 199 lays down that where the
contravention is committed by a company then the person who was in charge
and was responsible to the company shall be liable for the epunishment.
200. Composition of certain offences.
– (1) Any offence whether
committed before or after the commencement of this Act epunishable under
section 177, section 178, section 179, section 180, section 181, section 182, sub-
section (1) or sub-section (2) of section 183, section 184, section 186,
8
[section 189,
sub-section (2) of section 190,] section 191, section 192, section 194, section 196,
or section 198, may either before or after the institution of the prosecution, be
compounded by such officers or authorities and for such amount as the State
Government may, by notification in the Official Gazette, specify in this behalf.
(2) Where an offence has been compounded under sub-section (1), the
offender, if in custody, shall be discharged and no further proceedings shall be
8. Substituted for “section 189” by Act 54 of 1994, S. 58 (w.e.f. 14-11-1994).